United States v. La Shagway

Good Law
95 F.2d 200·1938 U.S. App. LEXIS 4090
United States Court of Appeals for the Ninth CircuitFebruary 21, 1938No. 8677California1,013 words

Opinion

Lead Opinion

Healy, J.

On May 8, 1937 the appellee, upon a plea of guilty to a charge of presenting a fraudulent claim against the Government, was sentenced to imprisonment for the period of one year and was ordered committed to the custody of the Attorney General. In the judgment the court retained “jurisdiction during the term, to consider any modification of the sentence imposed upon you, and also to consider probation.” A formal commitment order was delivered to the marshal on the same day. The return shows execution of the writ on May 20, 1937, by the delivery of the appellee to a federal prison camp at Tucson, Arizona. On June 7, 1937, the District Court made the following order:

“The above named Defendant on May 8, 1937, having entered a plea of guilty to the charge in the indictment returned against him and thereupon the Court imposed sentence that he be imprisoned for the period of one' year from and after the date of sentence, subject to the reservation that the Court retains jurisdiction during the t.erm to consider any modification of the sentence so imposed and also to consider probation, now upon good caus.e shown it is ordered that said defendant be, and he hereby is, granted release on…

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